Commissioners proceedings

Commissioners proceedings

Monday, April 20, 2015

   9:00 AM CONVENE

   PRESENT William L. Randash, Chairman; Steve Baldwin and Deb Ranum, members, Lani DeBuhr, Clerk


  10AM- ROAD/BRIDGE UPDATES; Bobby Wiedmer, Road Foreman; Shannon Hewson, Brosz Engineering;

  Enos Property: Pete Enos asked if the road south of his place has an easement on it. Bobby told him the county has a petition on the road but not an easement. Pete would like the road closed. Bobby will go talk to him and let him know it can’t be closed because it is the only access to Arlee Fried’s land.

  10:10am- Shannon Hewson joined meeting.

  Shop Crew Report: Alba is not in today. He ordered and is waiting for parts for the 03’ Senior Bus. Landfill side by side is fixed and is back out at the landfill. The problem was it needed a new gasket on the oil plug.

  Road Crew Report: Blading has stopped since it is too dry. The Road crew is installing several replacement culverts and mulching. Bobby is doing prospecting tomorrow at Riegers.

   Jim Hurley’s Road: – Jim has a gate across the county road that can’t be there, it needs to be replaced with a cattle guard. The Commission and Bobby discussed what to do and who is responsible. Bobby looked at the County Cattle Guard Policy and it reads for Primary/Secondary Road. “Property owner buys cattle guard, county installs and it becomes property of county.” Commissioner Randash said then Hurleys need to buy it as that is what the policy says. Bobby will go tell Jim what the policy says.

  Nelson’s Property: Mike Nelson stopped in to talk to Steve about the original plans to the area north of his property compared to what they are now. Shannon Hewson, Brosz Engineering, said the only change is that drainage berms need to be built up to account for the drainage pipes that will need to go under the road. Shannon will give Mike a call to explain the changes that have been made.

  North Baker Drainage Project: Commissioner Ranum said Curt Williams talked to her about the drainage project. He is worried about the water coming down into his place from the drainage or from oil contaminate since he is on the south side of Sandstone Creek. Shannon said any water drainage would head down the drainage ditch, not onto his place. He said if an oil leak occurred it may take the natural drainage route which would go to his place on the south side of Sandstone Creek and there isn’t anything the county can do to stop that. Shannon said if it occurred it would be an issue between Curt and the oil company.

   Fidelity Tank Site Survey: Shannon gave the Commission the Fidelity Tank Site “Access Easement Survey”. He said this survey will also assist Darcy Wassman, County Attorney, in writing any easements in the future. A copy of this survey will be sent to Darcy.

Sparks Bridge: Shannon mailed the Temporary Construction Easement to the landowners, Tom Sparks and Shelly & Barnett Dean, and emailed it to Bobby and the Commission. Darcy is going to draft the maintenance agreement for the landowners.

  Kramlick Bridge: The Commission signed the completed Grant of Easement from Daniel S. Allan and it can now be put on record. They have not received the Kramlick’s easement yet.

   Steffes Bridge: Bobby asked if any decision was made for the Steffes Bridge. Commissioner Baldwin gave Shannon a picture he received from Fish & Game of a low water crossing used for another bridge. Commissioner Baldwin is wanting to know if this type of low water crossing can be used for the Steffes Bridge since it would cost around $80,000 compared to $600,000 for a box culvert. Shannon asked about ice building up on it in the winter and fish passage. He will call someone at Fish, Wildlife & Parks in regards to the fish and will send the pics to Mat Rugg at Fish, Wildlife & Parks to get his opinion on it. Shannon and Bobby both feel it would be a good solution. Bobby will go talk to the landowner, Larry Steffes, about doing this type of crossing. Shannon asked about the easement between Larry and the County for that road and Commissioner Baldwin said the state has said it needs to stay in place as long as Steffes’ lease the land.

  Baker Dam Outlet Seals: HydraTite is the manufacturer of the bands and sent a notice stating “the function of the installed internal seal is not compromised by fasteners that are found to be missing, loose or otherwise defective.” Shannon says this means the missing bolts are not an issue. Shannon gave the Commission the Internal Joint Sealing System Project Submittal for their records.

  Culverts: Bobby said the culvert on First Street needs to be a pre-cast box culvert. The current culvert is not rusted out on the top, the wing walls on the west side are where the problem is.

  Gravel: The County has a few thousand yards of gravel left and needs more.

   Pinnow Pit: Bobby said there is 400-500 yards left from the Pinnow Pit. This was what was remaining when they pulled gravel from it before. Arnold Pinnow, landowner, wanted to keep the gravel at that time and the county was okay with that as it wasn’t the best quality since it had too much dirt in it. Arnold wants the county to buy the leftover gravel now. Bobby said the gravel couldn’t be used for roads but possibly for fill but doesn’t think the county should have to pay for it again. The Commission asked Bobby if it had already been paid for and he said yes, when they initially pulled gravel from the pit it was measured with the rest and paid for. The Commission said if Arnold wants it hauled away we would take it to the landfill for cover dirt but will not pay for it again. Commissioner Baldwin will call Arnold to talk to him about the gravel.

  11am- Bobby Wiedmer & Shannon Hewson left the meeting.

  11-11:45am- Mike Madler, Surveyor; Don Dilworth; IT Tech

  Cemetery Project: Mike gave paper copies of the cemetery maps and the database for all graves that he has completed mapping to the Commission. There are still private cemeteries that haven’t been mapped but Jon Stevenson said he wasn’t too concerned about those. Don Dilworth, IT Tech, is going to convert the maps and database into PDF files and put them on the County website for the public to have access to. Mary Grube, Planner Secretary, has copies of everything and Jon Stevenson will be given copies also. Mike suggested putting the maps as a Google file on the internet where people could download it and be directed right to a gravesite. The Commission thought this would be a good idea.

  GIS Mapping: Mike asked the Commission if they are interested in adding additional layers to the county maps such as roads, road maintenance, soil, property owner information and topography layers. The ArchReader program is what is used and it can be downloaded for the public to view the maps. It would cost around $3000 to add all of the layers. The Commission feels this is very valuable information and would like Mike to start working on this.

Filing: Commissioner Ranum asked Mike about his progress with going through his older files and organizing them. Mike is working on separating things and establishing a filing system right now then items will have to be filed. Commissioner Baldwin and Commissioner Ranum asked him to continue working on it until it is completed.

11:15am- Don Dilworth joined the meeting.

  Mike showed the Commission the GIS floodplain maps that we have now. Don Dilworth said his goal is to get all of these maps, including the cemetery maps on our website.

11:35pm- Mike Madler & Don Dilworth left the meeting.


11:35am- Drury Phebus, member of the public, joined the Public Comment meeting.

Veteran’s Memorial: Drury said the American Legion wants to turn over the Veterans’ Memorial to the County or City to maintain. Commissioner Randash asked what it takes to maintain it and Drury said mainly ensuring local Veteran’s names get added to the Memorial periodically. There is $4000 in the memorial account that they would like to turn over to the County for maintaining it. He thanked the Commission for helping with the work that was done on it and hopes they will agree to take it over. Commissioner Ranum and Commissioner Baldwin said the County should take it over and they will talk to Mona Madler this afternoon about taking care of the maintenance since she helped with the project.

  11:40am- Drury left the meeting.

   11:40am- Jerrid Geving; Fair Board member, and Wanda Pinnow, Fair Board Chairperson, joined the Public Comment meeting.

  11:40am- Lani DeBuhr, Clerk & Fair Board member, left the meeting due to not wanting a quorum established for the Fair Board.

11:40am- Brenda Wood, Clerk & Recorder, joined the meeting to take minutes.

  Fairgrounds Arena: Wanda told the Commission they have started tearing the arena

down and asked them to go by and take a look at it. Eddie Coulter and others are volunteering their time to tear it down with the assistance of Jerrid and Wanda. It has been flagged off to avoid any accidents. The changes are being made so the arena flows better. The crow’s nest will be moved back, calf sheds will be added and arena enlarged. Wally from Mosbruckers has reviewed the layout of the arena, round pen, etc. They discussed needing scoria for the road into the arena area and where to put the rodeo office. Additional panels will need to be purchased and Jerrid thinks the current panels are Powder River panels and are nice, heavy panels. The Commission said it will be nice if we could start using the arena for other purposes once the upgrades are done since it will be larger.

  11:45am- Barb Lechler, Fair Manager, joined the meeting.

  Stall Renters: Wanda said they will be discussing the definition of a stall renter due to some issues that have arose with current and previous stallers. The issue of stallers leaving their panels in stalls and not paying for the stall was discussed. Commissioner Randash said stallers need to be charged for the stall as long as they have their panels up. Wanda said at one time the Commission said they did not have to pay for stalls with panels in them but will now have that changed.

  DeGrand’s Bull Sale: Was this past weekend and it went well.

  Additional Purse Money: Wanda called Commissioner Randash last week telling him the Fair Board has to commit to the additional $12,000 purse funds Eddie Coulter asked if he could raise even if he is unable to raise this amount. The PRCA had a deadline in which the Fair Board can submit their purse amount for publication and Wanda needed to know if the Commission would approve giving additional money that may be needed in the event Eddie is not able to raise the full $12,000. Commissioner Baldwin later called Jerrid back to discuss the issue in more detail and not Wanda. Wanda asked the Commission why she was not called back instead of Jerrid and if they were uncomfortable with her as Chairperson. Commissioner Baldwin said he was comfortable with her as Chairperson but thought Jerrid was working more closely with Eddie in raising the funds and would know more about it. Commissioner Randash asked how the stock contractor felt about the increased purse and Wanda said they were comfortable with it.

  12pm- Wanda Pinnow, Jerrid Geving, and Brenda Wood left the meeting.

  12:15pm- RECESS

Commisioner Ranum made the motion to recess. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.

   Noon recess.


  PRESENT William L. Randash, Chairman; Steve Baldwin and Deb Ranum, members; Lani DeBuhr, Clerk

1-2pm- Folder Items/Action Items/Claims Agreements:

  Building Demolition Agreements: Commissioner Randash signed Building Demolition Agreements dated April 13, 2015 between the City and County in which the County agrees to pay 50% of demolition tipping fees for Circle R Properties (bank), Tom Barth (old house), Richard Griffith (Mosley house), Malcom Johnson (house), Baker High School (James Curry house), Ken Griffith (D.G. Poulos house), Monica Stark (house), Equity Co-op Farmers Elevator (elevator).

  Public Health & Human Services: The Commission Signed Task Order 15-07-1-01-124-0 to Fallon County Unified Government Master Contract that covers the period of July 1, 2012 to June 30, 2019 for the office of Public Health System Improvement. This allows the Montana Department of Public Health & Human Services to provide health related services to Fallon County.


  The Commission signed the Grant of Temporary Construction Easement for the North Baker Drainage Project between Sander Rentals and Fallon County dated 04/15/15.

  The Commission signed the Grant of Easement for the Kramlick Structure Replacement Project between Daniel S. Allan and Fallon County dated 04/08/15.


  Library: The Commission received quotes for updating Library cabinets from Upland Home Maintenance & J&M Lumber. The Commission would like more information on the quote from Upland Home Maintenance. Lani will ask Stacey Moore, Library Director, to get a more detailed quote.

   Indoor Shooting Range: The Commission received two proposals from Griffith Excavating for the dirt work to be done at the Indoor Shooting Range. The Commission approved the proposal to haul and place fill dirt from county piles around the building and to bury the propane tank. They did not approve the quote to haul top soil to building as the dirt from the county pile at Upper Baker Lake is good dirt to grow in.

  Baker Lake Gazebo Parking Lot: The Commission received proposal from Griffith Excavating for work at the Baker Lake Gazebo Parking Lot. The Commission did not approve the quote, citing it seemed too expensive for what needed to be done. Commissioner Baldwin said Scott needs to get more estimates for the work.

  Journal Entries:

  #496- The Commission approved moving $1,123.96 from Boy Scout Building Purchased Services account to Boy Scout Building Capital Outlay account.

  #497-The Commission approved moving $2,412.50 from Public Health Purchased

Services account to Public Health Repair & Maintain Services account.


  Ambulance: Ambulance Financial Report-March 2015-Charges-$28,110; Payments-

$15,831.54; Adjustments-$5,851.65.

  Planner: Planning Staff Report for Timber Creek Acres Major Subdivision dated 04/14/2015. Treasurer: Treasure Cash Receipt Balancing Report- March 2015- $861,009.71

  Shooting Range: Received copy of Shooting Range Board minutes for the March 3, 2015


  MACO: MACo Legislastive Update newsletters, 04/10/15 & 04/17/15 MT DOT: MT DOT Aeronautics Division April 2015 Newsletter

  LTAP: LTAP Matters Spring 2015 Newsletter


  Milk River: The Commission was notified by a letter dated 04/20/15 that the DEQ reviewed and approved their application for a temporary surface water quality turbidity standard for the Milk River.

  Sandstone Creek: The Commission was notified by a letter dated 04/14/2015 the DEQ reviewed and approved their application for a temporary surface water quality turbidity standard for the Sandstone Creek.

  Army Corps of Engineers-

Bonnievale Road Bridge: The Commission was notified by a letter dated 04/10/2015 the Army Corps of Engineers reviewed the MT Joint Application to replace the existing Bonnievale Road Bridge over Sandstone Creek with a double 14 foot wide by 9 foot high precast box culvert and provided a preliminary jurisdictional determination for the project.

  NAPA Retaining Wall: The Commission received a copy of the completed 404 Joint Application for the NAPA Retaining Wall Project from Brosz Engineering submitted to Army Corps of Engineer 04/13/2015.


  Planner: The Commission received a copy from the Planning Department of the Notice

of Public Hearing for the Eagle Addition Subdivision that was mailed 04/15/15 to the adjoining property owners of said subdivision.

  Planner: The Commission received a copy from the Planning Department of the notice regarding Allan Barth’s application for a Floodplain Permit that was mailed 04/13/2015 to the adjacent property owners.

  MT Public Service Commission: The Commission received a Notice of Applications for Operating Authority dated 04/07/2015 from the Montana Public Service Commission for Medicab LLC & Gary Vanderpan dba Bozeman Taxi.

  MT Development Center: The Commission received an email on 04/16/2015 from Bob Mullen asking for assistance with opposing the Senate Bill 411 that would close the Montana Development Center in Boulder. The Commission checked the status of bill and found it to be too late to respond to the bill as it had already passed and was in its 3rd reading on the house floor.

Sanitarian: The Commission received copy of letter Rich Menger, Sanitarian, sent to Lucas Holestine on April 20, 2015 regarding his HoleShot Trailer Court sewage issue that has since been temporarily resolved.

  Baker Lake: The Commission received the Service Report for the Baker Lake SolarBees dated 04/07/2015. The Commission was also notified the SolarBees have all been redeployed to their correct placement and are operating properly.

Project Updates- Dwayne Bohle, Special Projects:

  Iron Horse Park: Landscape rock being installed, fill dirt being hauled in.

  Fairground Cold Storage: Insulation & roof installed, tin siding being installed on walls & ceiling, MDU has installed electric, large barn electrical meter needs to be installed.

South Sandstone Project: needs to be reseeded.

  Rifle Range: Diffusers & ceiling installed, waiting on lights for pistol range, lights in & walls done for archery side, bathroom fixtures are in, waiting on water testing, building inspector and fire marshal will be here April 20th-24th.


  $4,139 for Gas Tax Reimbursement from DOT.


Dispatch Remodel: The Commission received the Final Certified Test, Adjust and Balance Report for the Dispatch Remodel from Mechanical Technology.

  Ambulance: The Commission received a copy of notice submitted to Fallon County Times regarding the county seeking an Ambulance Board member. Deadline to submit is 04/27/2015 at 9am with the Commission appointing a member at 11:30am on 04/27/2015.

Courthouse Memo: The Commission approved sending a Memo to all offices with vaults or safes. The memo is requesting their vault combinations to be kept in the Clerk & Recorder’s office in the event of an emergency/disaster that would require someone to access the vault in the supervisor or staff’s absence.

   March Account Payables

  The Commission reviewed and approved the March 2015 Mid-Month Claims in the amount of $174,884.71 and they are on file in the Clerk and Recorder’s Office.

1:55pm- Mona Madler, SMART, joined the meeting.

  CTEP Project: Discussed the local costs of the CTEP breakdown that was provided in the

Project Manual given to them by Peaks to Plains Design, P.C. as it is higher than was anticipated. The Commission questioned the mobilization item as it seems you should not have to pay for a company to come to a jobsite to do the work. Mona said she will check on that. The Commission said they want to ensure the “opinion of probable cost” amounts for the project are not included in the bid specs, only the descriptions of work needing to be done. Mona will double check and make sure the dollar amounts are not available when publishing the bid specs. Reviewed light pole designs and solar powered school signs. Mona is going to talk to Steve Zachmann about the sidewalk specs and costs listed. Mona reported there has been no negative feedback from the property owners that this construction will affect. The expense of the engineering was reviewed as it seemed high but Mona said this is typical with projects. Mona asked the Commission to approve the increase of $52,330 for the project as the deadline is May 1st. Mona said she was surprised by the initial estimated cost and the most recent figures of the project but thinks it is still worth doing. The Commission agreed and want to proceed with the project. The improvements in Plevna are showing how these improvements can benefit a community.

  Commissioner Randash asked if the bid could be split, where different contractors could do parts of the work that are in their level of expertise. Mona said the components of the project can be individually bid by separate contractors as well as bid by one sole contractor. Commissioner Randash is wondering if the contractor who is doing the sidewalk work for Iron Horse Park would be able to do the sidewalk work for this project too and possibly the County could get a better deal. Mona said the work has to be done by September 30, 2015 so it would be good to get the bid out as soon as possible. Commissioner Baldwin asked when it could go out to bid and Mona said after we get DOT’s approval. Mona will let Peaks to Plains know to move forward with the design immediately and they will send the design information to the DOT by May 1st. The DOT will then sign off on it or make adjustments per their requirements. Commissioner Ranum asked what happens if they don’t get DOT’s approval right away. Mona said the deadline can be modified by DOT if work has to be done later than September 30th due to delays in getting approval. Mona said she will run the specs by Steve Zachmann prior to submitting too.

Veterans Memorial- The Commission asked Mona about taking over the maintenance of the Veterans’ Memorial. She said yes she would be willing to do that. She said there are more black tiles that need to be installed and she was told it would be done in the summer. There will be extra black tiles that the county will have to decide what to do with in the future. Mona will begin keeping the list of veteran’s names and when there is a sufficient number to add to the Memorial she will have it done. Commissioner Randash suggested putting an ad in the paper every few months asking for local veteran’s names that could be put on the Memorial. Mona said the SMART office could take it over and could do that part also.

2:45pm- Debbie Wyrick, Deputy Clerk & Recorder, joined the meeting.

  Insurance Repair Specs: Debbie said she received all the itemized insurance repair sheets from Terri Scherr, Insurance Adjuster. The Commission and Debbie discussed the items that still need to be repaired and the ones they are choosing not to repair.

  2:55pm- Debbie left the meeting.

  3PM- FISH, WILDLIFE & PARKS, Cordell Perkins, (FWP), Joe Janz, Outside Building Maintenance

South Sandstone: Jasen Wyrick smoothed out South Sandstone when the dirt was still frozen and it didn’t compact very well so there are holes now. Cordell says Jasen needs to make sure the holes are filled in and the area is reseeded. Cordell told the Commission he has accepted a position in Casper and will be leaving his position with the FWP in a week and a half. Miles Muscha will be their contact until his vacated position is filled. Mike Backes is Cordell’s supervisor and he can be reached for help also. Cordell said the boat ramp with the large crack in it is a concern but not sure what can be done since the contractor gave us a zero dollar bid on it. Joe Janz suggested that maybe the crack could be sealed to avoid it cracking more when it freezes in the winter.

  Baker Lake: Commissioner Baldwin asked about the map he was given from the Fish Wildlife Service showing there is no wetland areas designation around the lake. He asked Cordell if there aren’t wetlands around the lake then why did the EPA get involved and issue a “Cease & Desist Order” on the County for disturbing the wetland area around the Lake. Cordell said he wasn’t familiar with the history of the Baker Lake issue and wasn’t confident to speak to the matters at hand. Cordell said if it was deemed a wetland then it is very important to have it delineated as a wetland to ensure ecosystems of the area are not disturbed but again he couldn’t speak to this matter specifically. The Commission thanked Cordell for his years of service and being so helpful and easy to work with.

  3:20pm- Cordell Perkins & Joe Janz left the meeting.

  3:30PM- Building Updates, Richard Griffith, Griffith Steel

  Fair Cold Storage Building: There is electricity to the new cold storage building at fairgrounds and Judd with Upland Home Maintenance has started working on the interior of it. The aprons around the building will be poured soon.

  Fair Barn: Insulation and doors are being worked on right now with other improvements coming after those are done.

  Fair Barn Roof: Richard said it would take 6-7 days to do and could be done for $78- 79,000. The Commission gave approval for Richard to repair the roof at this amount.

  Airport Hangar: Debbie Wyrick, Deputy Clerk & Recorder, gave the itemized insurance repair list to Richard for the hangar to help him give us a quote to repair it. He will look at the repairs needed for the equipment building at airport also.

  Fair Exhibit Hall: Richard will look at the Exhibit Hall to see about repairs needing to be done there.

  Grandstand Bird Netting: Richard said they can remove the netting due to the condition it is in.

  Fair Barn Exterior Paint: Commissioner Ranum asked Richard what can be done about the outside of the barn as the paint is peeling again. Richard said it may need to be sandblasted and then painted.

  3:55pm- Richard Griffith left meeting.

  4PM- Gravel Purchases, Jasen Wyrick, Wyrick Construction; Bobby Wiedmer, Road Foreman

  Commissioner Ranum asked Jasen Wyrick, Wyrick Construction, if he has gravel the county can buy as Bobby is running low on gravel. Jasen said the Coldwell pit is ready and has 125,000 yards pulled but not crushed. There is also gravel in Carter County, right over the Fallon County border, that can be used for the south end of the 101 road when that needs to be done. Bobby said he would need about 10,000 yards to do that part of the road but is not needed right now. Jasen is going to crush 10,000 yards of gravel from the Beach pit for Bobby to use right away and then will move onto the Coldwell pit and crush 10,000+ yards. Bobby said this should carry him through the summer months.

  Cemetery Trees: Commissioner Ranum asked Jasen to water the trees out at the cemetery which had to be relocated to correct the drainage issue. He said he will make sure that gets done.

  Sandstone Project: Jasen said he needs to fix a couple spots out at Sandstone. Commissioner Randash said Cordell Perkins with Fish, Wildlife & Parks was concerned about the ground being smoothed out at Sandstone. Jasen said yes he is smoothing that ground up.

  Upper Baker Lake Dirt: Commissioner Ranum asked Bobby how much dirt was left up at Upper Baker Lake because the rifle range wanted to use some of it. Bobby said there is a lot of dirt up there and the rifle range can use some of it.

  1st Street Box Culvert: Bobby told Brosz Engineering to start getting the box culvert ready for the 1st Street Bridge. He would like to have it in by next year and needs to be started now for that to happen.

Low Water Crossing at Reynolds: Commissioner Ranum asked how the progress on the low water crossing at Reynolds is going. Commissioner Baldwin said Lance Wedemeyer, City of Baker Public Works Director, told him the culvert needed to be lowered two feet. Commissioner Ranum asked when that would happen as she was told it would have to be surveyed before it was lowered. Jasen said it does need to be lowered and he was told by Lance it does not need a permit. Commissioner Ranum asked if Jasen can check with Lance to find out what needs to be done before it can be lowered. Commissioner Ranum asked Commissioner Baldwin if the County would be responsible for it once it is complete and he said he didn’t think so since it isn’t an official road.

  4:15pm- Bobby Wiedmer left the meeting.

  4:20pm- Jasen Wyrick left the meeting.

  4:30PM- Minutes Approval

  Commissioner Ranum made the motion to approve the April 13, 2015 minutes. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously. Commissioner Ranum made the motion to approve the September 29, 2014 minutes. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.


  Commissioner Ranum made the motion to recess. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.


s/William L. Randash,



s/Lani J. DeBuhr, Clerk


s/Brenda J. Wood,

Clerk and Recorder

April 13, 2015 minutes. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously. Commissioner Ranum made the motion to approve the September 29, 2014 minutes. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.


  Commissioner Ranum made the motion to recess. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.


s/William L. Randash,



s/Lani J. DeBuhr, Clerk


s/Brenda J. Wood,

Clerk and Recorder

Monday, April 27, 2015


  PRESENT William L. Randash, Chairman; Steve Baldwin and Deb Ranum, members; Lani DeBuhr, Clerk

  9am- Folder Review

   Journal ENTRIES:

  #506-The Commission approved moving $4,238.58 from Dispatch Purchased Services account to 911 Purchased Services account.


  Fair Board- March 16, 2015 Fair Board Minutes Extension- May 2015 Fallon-Carter County 4-H News Flyer


  Library: The Commission received a copy of Stacey Moore’s, Library Director, Application Form for the Montana Certification Program for Library Directors, Staff & Trustees that she is submitting to the State now that she has completed her certification requirements.

  Landfill: The Commission received the revised Operation & Maintenance Plan and Landfill Master Plan for the landfill dated 04/23/15 to review and provide feedback on. The Commission gave a copy of this plan to Tom Kachel, Landfill Manager, to review and comment on as well.

  Feedmill Bridge: The Commission received Diamond J Construction’s final Pay Application 4F for the Feedmill Bridge from Brosz Engineering for their review.

Project Updates from Dwayne Bohle, Special Projects dated 4/21/15 & 4/27/15:

  Big Barn Fairgrounds: All interior walls are sided.

  Cold Storage Fairgrounds: Large storage doors are all operational. Workshop is completed and workbench has been added. Cement aprons are going to be installed.

  Sandstone Project: Land has not been reseeded yet.

  Gun Range Building: Lights for Pistol Range are being installed. The outside of building is being caulked as weather permits. Partitions for bathrooms and fixtures are being installed. Floors are being conditioned. Insulation in ceiling on archery side is being done.

  Iron Horse Park: Fill dirt is in and landscape rocks are being installed.

  Sanitarian: Received copy of letter Rich Menger, Sanitarian, sent to Stephen White notifying him the maintenance was done for the wall-mounted space heater at the rental at 211 Wabasha Avenue and thanked him for the speed in which he completed the maintenance.


  Senior Center: The Commission received a copy of the Bid Notice & Bid Specs for the Senior Center Roof Replacement Project.


  Miscellaneous Receipts – $300.63

  ST of MT-Department of Administration- Taylor Grazing funds: $13, 749.16 BLM-Bankhead Jones- Yearly Payment: $267,459.69

ST of MT-CTEP Funds- $10,257.56

  Baker Air Service- County Portion for March Aviation Fuel Sales: $250.63 Sewer Revenues- $50.00

  Treasurer Cash Report-March 2015: Amounts on deposit in demand savings, fiscal agent accounts and Cash on Hand- $99,230,569.93


  Town of Plevna Water Project Funds Transfer: The Commission received an email dated 04/27/2015 from Jason Rittal, Eastern Plains Economic Development Corporation Director, notifying the Commission the Town of Plevna has received a bid for the completion of the water project. The Town of Plevna is requesting $2.5 million be transferred to the town so they can select the contractor and begin the work. Commissioner Ranum made the motion to give the Town of Plevna the money requested. Commissioner Baldwin seconded the motion with a question attached. Commissioner Baldwin asked the question of how long the County would need to provide Plevna with funds for their various projects & improvements. Commissioner Randash stated it will continue as years ago he believes a “gentlemen’s” agreement was made that the County would assist the cities of Baker & Plevna with their projects & improvements with the Oil & Gas Revenues they receive. As long as these revenues continue to be collected, the County will continue to assist the cities. Commissioner Baldwin said he understands that but still has concerns with the decreasing revenues and what will be expected of the County in regards to these funds. With the question on the floor and the question answered, Commissioner Randash asked for a vote. 3 Ayes. 0 Nays. Motion carried unanimously.

  Army Corps of Engineers: Commissioner Randash signed the Feedmill Bridge Compliance Certification from the Army Corps of Engineers dated 04/27/2015.

  MT DPHHS: The Commission signed the Service Provider Designation Form authorizing the State-Approved Chemical Dependency Service Provider to receive earmarked alcohol tax monies from the County for FY 2016.

  Eastern Montana Drug Task Force: Commissioner Randash signed the Eastern MT Drug Task Force Memorandum of Understanding waiving Pass-Through Funds to be used for the project during FY2016.

  Fair: The Commission agreed to give the Fair Board permission to purchase two panel trailers for $1575 each.

  Human Resources: The Commission approved a rate of pay increase for Judy Hunt completing one year of employment and signed the Change of Rate of Pay Approval Form dated 04/27/2015.

  9:30AM- GAZEBO PARKING LOT, Scott Rabbitt, Parks Director

  Gazebo Parking Lot Quote: Scott came in to speak to the Commission about the quote that they denied last week. The Commission told Scott the reason they didn’t approve the quote is they are concerned about spending money to repair parking lot before the water issue has been resolved. They would like to have Scott detect the source of the water and have it repaired before the work from the Griffith Excavating quote is done. Scott agreed with the Commission and said he talked to Bobby Wiedmer, Road Foreman, about using backhoes to dig up parts of the parking lot to find out where the water leak is at. Scott said Bobby suggested rolling on a matting material the Road Department uses to stop the moisture coming up before the millings are put down and it is sealed. Scott said Bobby would have time to do this when it became dry but it may not be done prior to the car show on May 30th-31st.

  Sidewalk Project: Scott reported Gamut Construction has started on the sidewalks.

   9:55am- Bobby Wiedmer, Road Foreman, and Alba Higgins, Shop Formean, joined the meeting.

  Gazebo Parking Lot Quote: Bobby joined the meeting and Scott explained to him what the Commission and Scott discussed about the Gazebo Parking Lot. Commissioner Randash asked about putting a drainage system of some type in the parking area and Bobby said they were planning on putting drain tile on top of the matting that would spill into the cement drain there to deal with the drainage problem. Scott said he will turn the water meter on today and isolate the flow to the gazebo area in order to see if and where water begins to appear. He said this information plus looking at the irrigation maps will help them to decide where to start digging to find water leak. Commissioner Ranum asked Bobby if he would be willing to help Scott dig up the ground to find the leak and he said he would. The Commission said once the leak is detected Scott can have Griffith Excavating fix it and the parking lot according to the quote. Bobby said in addition to the repairs, the millings in parking lot need to be sealed so during the winter and spring months the moisture doesn’t seep through it. All parties present discussed if the repairs could be done prior to the May Car Show and what to do if the repairs can’t be done. The hospital parking lot is not available due to construction and there are no other parking lots that would be well suited for the car show. It was decided that if the repairs aren’t done by the Car Show dates Scott will do his best to even the lot out and make it as usable and presentable as possible.

  10am- Scott Rabbitt left the meeting.

  10AM- ROAD/SHOP REPORTS, Bobby Wiedmer, Road Foreman, Alba Higgins, Shop Foreman, Blading: Blades are out working the roads now that it has rained. Commissioner Randash asked if Tom Owens called Bobby about their road because he called him about it. Bobby said no he didn’t.

Culverts: TrueNorth Steel didn’t send all the culverts that were ordered on their last delivery. Bobby said this is a common occurrence and he talked to the salesman to find out why the truck wasn’t loaded full with the culverts the county ordered. Commissioner Randash suggested using a guy he knows at the Fargo branch and Bobby said they wouldn’t order from the Fargo branch as they don’t mark or index the culverts. Commissioner Ranum asked why we couldn’t transport them ourselves if we were having continuous problems with delivery. Bobby said we don’t have the equipment to transport them. Bobby said he is considering telling TrueNorth Steel when they arrive without all the culverts needed to go back to get the others without unloading to make his point.

  Truck Hitches: Custom Auto Advantage had the best price at $400 for frame kit and $900 for the hitch equaling $1300 per hitch. Alba said they will need to order 9 of them so that all the Road Department trucks have these hitches. Alba told the Commission they will have 6 new pickups and will keep 3 from their current fleet and asked them what pickups they think he should keep. Alba is considering keeping the ‘94 Ford Ranger, the ‘94 full size blue Ford, and the ‘99 2 wheel drive blue shop pickup. This will leave 4 pickups to be sent to auction or given to another department. They are planning on giving the ‘98 Ford 150 to the Fairgrounds. Alba said the Dodges at the Fairgrounds can go to auction, too, but he thinks one of them can be used to do the watering job around town. Commissioner Randash said the city does the watering job so we would have to put the title in their name. The Commission gave Alba permission to purchase the hitches he needs.

Mac Truck 213- Check engine light is on and the injectors are being erratic. It needs to be fixed if we are going to keep it and make it into an end dump. Diamond Truck in Billings can stretch the frame for the end dump.

  Senior Bus: They will get rid of this Sprinter if they get a grant for another one since it has had several mechanical issues. Commissioner Baldwin asked why we continue to get Sprinters since they are unreliable. Alba said the state is the one who chooses the Sprinters but they are aware they are not a good vehicle. They had the old bus in and had to troubleshoot it without the scanner which was time consuming. They were able to get it going after a lot of trial & error. Because of this Alba would like to purchase an upgraded version of the scanner at NAPA. The scanner is currently on sale and would be $3400 with the machine and year subscription of software. This scanner would be used on all vehicles to detect problems. He suggested putting the older scanners into the auction. The Commission approved the purchase of the scanner.

   Jim Hurley Cattle Guard: Jim bought his cattle guard and the county will install it.

  Road Decals: Road Department will be putting new decals on all of their trucks and pickups.

  Big Hill Road: Crew is almost done graveling the road but can’t finish it today since it is muddy.

  Mulching: Crew will start mulching again as soon as they can’t blade.

  Culverts: Crew replaced 2 culverts by Cougar Hill (Richard Schaefer’ property). The culvert for the Cemetery Road in Plevna is here and Cliff Tudor will install it.

  Woodsend Road: The crown on the road is still there but has been knocked down. Bobby said there will always be somewhat of a crown due to the drainage beneath the road but it will decrease over time.

  Pinnow Pit: Arnold Pinnow took the rocks and some of the gravel from the pit. It should be seeded now and done.

  10:35- Alba Higgins & Bobby Wiedmer left meeting.

  11:05am- Jim Leischner, County Insurance Agent, and Debbie Wyrick, Deputy Clerk & Recorder, joined the meeting.

  Insurance: Jim Leischner, County Insurance Agent, said he is working with the underwriter to get all of buildings back to being insured at Replacement Cost Value rather than Actual Cash Value (ACV). The underwriter said she has to contact her management to get more information about our policy and will get back to Jim once she has more information. Jim said the new Gun Range Building will be insured at Replacement Cost.

  11:20am- Jim Leischner & Debbie Wyrick left the meeting.

  11:24am- Lisa Mitchell, Ambulance Director, joined the meeting.

  Ambulance Updates:

  Recruitment: Lisa has talked to the State about recruiting, contacting instructors and the earliest the next class will start is next fall.

  Ambulance: Lisa suggested the County needs to get rid of Ambulance #22 due to mechanical issues they continue to have.

Staffing: Commissioner Ranum asked Lisa how she was doing with her help and the hours she is working. Lisa said things are going good and she has good help to cover over the weekends and take lead. She has been documenting her office hours and on-call hours per Julie Straub, Human Resources Manager.

  Ambulance/Fair: Lisa said the Fair Board needs 2 ambulances during the rodeo & derby plus a first aid station on-site. Lisa says she isn’t sure this can be done as it will cause a problem with covering the county during that time.

  Ambulance Equipment: Lisa is going to talk to the Ambulance Board tonight about the trailer. She doesn’t feel the Ambulance needs it and would like to sell it or give it to another department.


  One application was submitted for the vacant Ambulance Board position. The Commission read the letter of submittal from applicant, Dale Butori. Commissioner Baldwin made the motion to appoint Dale Butori to serve on the Ambulance Board effective 04/27/15 to 06/30/16. Commissioner Ranum seconded the motion. 3 Ayes, 0 Nays. Motion carried unanimously.


  No one appeared for Public Comment.


  12:30PM- RECESS

  Commissioner Ranum made the motion to recess. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.

   Noon recess.


  1:15pm- David DeGrone, Army Corps of Engineers, & Monica Heindal, EPA

Baker Lake Mitigation: David & Monica arrived to tour the Baker Lake to assess the next

steps needed for the mitigation of lake. Others in attendance were David Turch, County Lobbyist; Jason Rittal, EPEDC Executive Director; Rich Menger, Sanitarian; Lance Wedemeyer, City of Baker Public Works Director. The Commission took attendees around the lake to various shores that are county owned, the Afrank residence shore, and the channel between the Upper and Lower Baker Lake. The findings of their visit are:

  Vegetation- There is some vegetation growing back in the areas that were affected. Monica said she was surprised at the slow growth she saw. Commissioner Baldwin explained to her that the alkali in the water limits the growth.

  Shoreline: There are several places along the lake that have begun to erode. Monica & David DeGrone said the lack of vegetation along the shoreline has lent to the shoreline eroding. They suggested planting vegetation along these shore lines to prohibit rapid erosion.

  Habitat: There were many ducks and geese on the lake. However, the fish population is down dramatically. Lance and Rich contributed the lack of fish due to the shallowness of the lake. The deepest part of the lake is around 6 feet which is not deep enough to sustain life of fish during the winter months. The biggest contributor to the lake depth is the silt that continues to settle in the lake from the drainage run off. Commissioner Baldwin said when the old gate was pulled off the end of the dam it let a lot of silt come into the lake. The new gate that is put into place will help with sediment overload as it will pull from the middle channel rather than the south. Monica Heindal & David DeGrone said that creating vegetation and habitat around the culvert area would act as a natural filter and may help with the silt issue also. Lance asked if the lake could be dredged in parts to make it deeper. David DeGrone said yes it possibly could but only after the County has satisfied the EPA mitigation. Once that is complete they could submit for a permit to do the dredging work. Monica suggested the County create a Master Plan for the lake that may include the dredging after things are settled with the EPA.

Wetlands: Commissioner Baldwin explained to Monica Heindal & David DeGrone that the maps from the Fish, Wildlife & Parks didn’t designate the shoreline of the lakes as being “wetlands” and that is what they were going off of when removing the cattails in 2006. Monica said that anytime there is water, soil & plants in an area together it is considered a “wetland” and must be treated as one. Monica noted that Baker Lake has jurisdiction with its shorelines & water and that those maps are updated every 5 years. She said those are the maps that need to be referred to in regards to any activity on the lake.

  Suggestions: The Cease & Desist Administrative Order issued by the EPA in 2005 is still in effect and will continue to be until the County submits a Restoration Plan the EPA approves. The County has submitted 2 restoration plans in the past, the 2nd plan was dismissed by the EPA entirely due to it suggesting all mitigation to be off-site. Monica said the County would benefit by reviewing the 1st Restoration Plan they submitted to the EPA in 2010 and the comments given back to them by the EPA. Then with this information the County can create a new Restoration Plan that includes the things the EPA suggested and made comments on. Commissioner Baldwin asked if they could form a team to revise this plan and submit it without having to pay for consulting fees. Monica said the Administrative Order stated the Restoration Plan must be done by a consultant and must include a resume of the consultant.

  Mitigation: Monica said the majority of the mitigation needs to be on-site and suggested county owned shorelines to be locations for the mitigation to occur. The mitigation does not have to be at the exact location that was affected but the linear footage needs to be mitigated as a whole. Monica said there may be a possibility that some of the mitigation could be done at the channel area connecting the Upper and Baker Lakes. Commissioner Baldwin asked if the mitigation could be done over time and Monica said considering the length of time this has been an issue it would need to be done at once. She said it is in the County’s benefit to do it all at once as well since there is a 5 year monitoring period that follows the completion of mitigation. Lance asked what the square footage of the area that needs to be mitigated is. Monica said the standard is 3:1, meaning mitigating 3 times the area affected. She said the order identifies the impacted area and the County would need to apply 3 to 1 to the linear footage impacted. Commissioner Baldwin asked if that ratio was set in stone or if it could be reduced. David DeGrone said the standard is 3:1 but they have reduced it to 2:1 or 1:1 on occasion.

  4:10pm- Lance Wedemeyer, Rich Menger, Monica Heindal & David DeGrone left the meeting.

  David Turch, Jason Rittal & the Commission discussed what to do next. David Turch is going to check to see if a consultant has to be used as the Restoration Plan states since it would be quite expensive. The Commission will talk to Rich Menger, Sanitarian, to ask him to help with the plan.

4:40pm- Commissioner Ranum received a voicemail from Tisha Alberts at 10:18am 04/27/15.

  The message stated Tisha needs Brosz to review & red line their subdivision. She said it has been 2 years and she has people who need to get paid.


  Commissioner Ranum made the motion to recess. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.


s/William L. Randash,



s/Lani J. DeBuhr, Clerk


s/Brenda J. Wood,

Clerk and Recorder

Thursday, April 30, 2015


  PRESENT William L. Randash, Chairman; Steve Baldwin and Deb Ranum, members.

  10AM- CAPITAL IMPROVEMENT PLAN & BUDGETS REVIEW: Brenda Wood, Clerk & Recorder; Barb Ketterling, Treasurer; Jason Rittal; Eastern Plains Economic Development Corporation (EPEDC) Director

  The Commission met with Brenda Wood, Barb Ketterling & Jason Rittal to review the Capital Improvement Plan and budgets.

  12:30PM- RECESS

  Commisioner Ranum made the motion to recess. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.

  Noon recess.



  1:20pm- Lani DeBuhr, Clerk, joined the meeting.

  Kodee Olsen, Member of Public, did not appear to sign LBSCD Grant Papers as scheduled.


  The Commission signed the Grant of Easement for the Kramlick Structure Replacement Project between Rodney & Brenda Kramlick and Fallon County dated April 30, 2015.


  FBI Pipeline Safety & Awareness Program: The Commission gave Chuck Lee, Disaster & Emergency Services Director, permission to attend this program on May 13, 2015.


  No one appeared for the public hearing.

  Budget Authority Resolution

  The Commission passed and signed Resolution 4-30-2015, authorizing the allocation of unanticipated State of Montana-Motor Vehicle Disposal Funds to the Motor Vehicle Disposal revenues and expenditures accounts. Resolution 4-30-2015 is as follows:



NUMBER 4-30-2015

  WHEREAS, on March 18, 2015 the County of Fallon received unanticipated State of Montana-Motor Vehicle Disposal funds in the amount of $7,500.00 for which no provision was made in the 2015 Fiscal Year County budget; and

  WHEREAS, Counties may appropriate State of Montana money received during the fiscal years by formal resolution,

  NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners hereby appropriates the sum of $7,500.00 and directs the County Clerk and Recorder to allocate said amount to the following program revenues and program expenditures activities:

  REVENUE CODE 2830-335070 $7,500.00

  EXPENDITURE CODE 2830-430840-300 $7,500.00

  BE IT FURTHER RESOLVED that the above appropriation shall become effective on April 30, 2015.

  BE IT FURTHER RESOLVED the Commission has directed the Clerk and Recorder to file this Resolution. Introduced and passed this 30th day of April, 2015.

Fallon County Commission

Baker, MT

s/William L. Randash,


s/Steve Baldwin,


s/Deb Ranum, Commissioner


s/Brenda J. Wood

Clerk and Recorder


  Commissioner Ranum made the motion to recess. Commissioner Baldwin seconds the motion. 3 Ayes. 0 Nays. Motion carried unanimously.


s/William L. Randash,



s/Lani J. DeBuhr, Clerk


s/Brenda J. Wood,

Clerk and Recorder